Sec. 21.7. (a) Unless the recount commission makes a finding under subsection (b), the recount commission shall:
(1) count ballots in accordance with this article; and
(2) not order that all ballots in a precinct not be counted.
(b) If:
(1) a party to the recount presents evidence of fraud, tampering, or misconduct affecting the integrity of the ballot within a precinct; and
(2) the commission determines that the fraud, tampering, or misconduct within that precinct was so pervasive that it is impossible for the commission to determine the approximate number of votes that each candidate received in that precinct;
the commission may order that none of the ballots from that precinct be counted.
As added by P.L.3-1995, SEC.128.
Structure Indiana Code
Article 12. Ascertaining Results of Elections
Chapter 6. Recount Procedures for Nomination for and Election to Local and School Board Offices
3-12-6-1. Right of Recount; Local or School Board Offices
3-12-6-1.2. Chapter Establishes Standards to Define Vote
3-12-6-1.5. Chapter Applicable to Elections for Political Party Offices
3-12-6-2. Petition for Recount; Filing
3-12-6-2.5. Petition for Recount; Filing Fee; Cause Number
3-12-6-3. Petition for Recount; Content
3-12-6-4. Cross-Petition for Recount; Filing
3-12-6-5. Failure to File Cross-Petition or Answer to Petition for Recount
3-12-6-6. Cross-Petition for Recount; Contents
3-12-6-7. Amendment of Petition or Cross-Petition
3-12-6-8. Petition for Recount; Joinder; Consolidation; Exception; Transfer
3-12-6-9.5. Disqualification of Judge Where Recount Involves Court Assuming Jurisdiction
3-12-6-10. Petitioner's Cash Deposit or Bond; Filing; Amounts; Cost of Recount; Unexpended Balance
3-12-6-10.5. Petitioner's Cash Deposit; Deposit in County General Fund
3-12-6-11. Cross-Petitioner's Cash Deposit or Bond; Cost of Recount
3-12-6-12. Cost of Recount When Cash Deposit Not Made
3-12-6-14. Order of Recount and Appointment of Recount Commission; Conditions
3-12-6-15. Consolidated Recount of Votes
3-12-6-16. Recount Commission; Membership
3-12-6-17. Recount Commission; Compensation
3-12-6-17.5. Recount Commission and Other Recount Costs; Payment From County General Fund
3-12-6-18. Certified Copy of Order to Candidates; Cost of Mailing
3-12-6-19.5. Impounded Materials; Use of Copies Instead of Originals
3-12-6-20. Court Making Impounded Materials Available to Recount Commission
3-12-6-21.5. Ballot Card Voting Systems; Petition for Manual Count and Tabulation of Votes
3-12-6-21.7. Duties of Recount Commission
3-12-6-21.9. Recount; Date of Completion; Extension of Deadline
3-12-6-22. Recount; Completion; Certificate
3-12-6-22.5. Court Issuance of Order on Commission Certificate; Finality of Recount Decision; Appeal
3-12-6-23. Recount Certificate; Effect; Prima Facie Evidence of Votes Cast
3-12-6-28. Transmittal of Certificate Showing Votes Cast
3-12-6-29. Tabulation of Vote in Accordance With Certificate
3-12-6-32. Certificate of Nomination, Election, or Commission for Office